Gaona v. J.C. Penney Company, Inc. et al

Filing 45

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 07/18/16 and ORDERING that any provision in the 44 parties stipulation that is in conflict with anything in this order is hereby DISAPPROVED. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CAROL GAONA,

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No. 2:14-cv-2051 TLN AC
Plaintiff,

v.

PROTECTIVE ORDER

J.C. PENNY COMPANY, INC., et al.,
Defendants.
___________________________________

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AND ALL RELATED CROSS
AND COUNTER-CLAIMS.

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IT IS HEREBY ORDERED that the parties’ stipulated confidentiality agreement and
protective order (ECF No. 44), is APPROVED and INCORPORATED herein.

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IT IS FURTHER ORDERED THAT:

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1. Requests to seal documents shall be made by motion before the same judge who will

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decide the matter related to that request to seal.
2. The designation of documents (including transcripts of testimony) as confidential

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pursuant to this order does not automatically entitle the parties to file such a document with the

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court under seal. Parties are advised that any request to seal documents in this district is governed
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by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a

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written order of the court after a specific request to seal has been made. L.R. 141(a). However, a

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mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires

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that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing,

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the requested duration, the identity, by name or category, of persons to be permitted access to the

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document, and all relevant information.” L.R. 141(b) (emphasis added).

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3. A request to seal material must normally meet the high threshold of showing that

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“compelling reasons” support secrecy; however, where the material is, at most, “tangentially

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related” to the merits of a case, the request to seal may be granted on a showing of “good cause.”

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Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016), petition

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for cert. filed, ___ U.S.L.W. ___ (U.S. March 24, 2016) (No. 15-1211); Kamakana v. City and

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County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006).

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4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of

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certain documents, at any court hearing or trial – such determinations will only be made by the

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court at the hearing or trial, or upon an appropriate motion.

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5. With respect to motions regarding any disputes concerning this protective order which

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the parties cannot informally resolve, the parties shall follow the procedures outlined in Local

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Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex

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parte basis or on shortened time.

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6. The parties may not modify the terms of this Protective Order without the court’s

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approval. If the parties agree to a potential modification, they shall submit a stipulation

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and proposed order for the court’s consideration.

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7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement

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of the terms of this Protective Order after the action is terminated.

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8. Any provision in the parties’ stipulation (ECF No. 44) that is in conflict with anything

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in this order is hereby DISAPPROVED.

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DATED: July 18, 2016

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